Sara, in the matter of an inquiry into the election for offices in the Australian Salaried Medical Officers Federation [2018] FCA 844

FEDERAL COURT OF AUSTRALIA

Sara, in the matter of an inquiry into the election for offices in the Australian Salaried Medical Officers Federation [2018] FCA 844 File number: VID 355 of 2018

Judge: STEWARD J

Date of judgment: 5 June 2018

Catchwords: INDUSTRIAL LAW – Inquiry into elections for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) — irregularities in relation to election – where at the time when the election commenced to be conducted an altered Constitution for the organisation came into effect – where altered Constitution created new offices for election and changed the basis for election in some cases

Legislation: Conciliation and Arbitration Act 1904 (Cth) s 159 Fair Work (Registered Organisations) Act 2009 (Cth) ss 5, 6, 159, 182, 193, 197, 198, 200, 201, 204, 205, 206, 332, 359 Fair Work (Registered Organisations) Regulations 2009 (Cth) reg 132

Cases cited: Attorney-General (Cth); Ex rel Mckinlay v Commonwealth (1975) 135 CLR 1 Clancy, in the matter of an application for an inquiry in relation to an election for offices in the Australian Nursing and Midwifery Federation [2017] FCA 460 Morton v Union Steamship Co of New Zealand Ltd (1951) 83 CLR 402 R v Gray; Ex parte Marsh (1985) 157 CLR 351 Re Collins; Ex parte Hockings (1989) 167 CLR 522 Re Federated Liquor and Allied Industries Employees' Union of Australia; Ex parte Huxtable [1979] FCA 17; 40 FLR 418

Date of hearing: 5 June 2018

Registry: Victoria